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^J 

David W. Williams-SBN 141065-J 

16372 Underbill Lane 

Huntington Beach, CA 92647 

714-745-5610 

:)::^:^RTMENTOF 

Attorney for Respondent 

FROSTAD ATELIER INC. 

l??SixECEIVED 

20ii JUL ! 8 A :0: I 1 JUL 11 20H 

y^LARlNG DOCKET 

UNITED STATES DEPARTMENT OF TRANSPORTATION 

_^ OFFICE OF HEARINGS, WASHINGTON, D.C. 

IN RE: 

FROSTAD ATELIER INC. 

RESPONDENT. 

Case No.: FAA-2011-0294 

RESPONDENT'S OBJECTION TO 

MOTION TO DEEM ALLEGATIONS 

ADMITTED 

Respondent FROSTAD ATELIER INC. hereby responds to the MOTION TO 

DEEM ALLEGATIONS ADMITTED filed by the Government dated July 1, 2011 

Said Opposition is made on the grounds that the moving papers affirmatively sets 

forth that the Complaint has not been served. Paragraph 3 of the moving papers 

sets forth that the complaint had not been served. 

Although the FAA contends that the Complaint was served by mail, the 

statement admits that service was not affected. 

(b) Date and method of filing. Filing of any document shall be by 

personal delivery or mail as defined in this part, or by facsimile (when 

confirmed by filing on the same date by one of the foregoing 

methods). Unless the date is shown to be inaccurate, documents to be 

Opposition to Motion to deem admitted allegations in Complaint 
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filed with the FAA shall be deemed to be filed on the date of personal 

delivery, on the mailing date shown on the certificate of service, on 

the date shown on the postmark if there is no certificate of service, on 

the send date shown on the facsimile (provided filing has been 

confirmed through one of the foregoing methods), or on the mailing 

date shown by other evidence if there is no certificate of service and 

no postmark. 

FEDERAL AVIATION REGULATIONS Sec. 16.13 

(b) Method ofsennce. Except as otherwise agreed by the parties and 

the hearing officer, the method of service is the same as set forth in 

§16.13(b) for filing documents. 

(c) WJiere sen'ice shall be made. Service shall be made to the persons 

identified in accordance with §16.13(f). If no such person has been 

designated, service shall be made on the party. 

(d) Presumption of service. There shall be a presumption of lawful 

service— 

(1) When acknowledgment of receipt is by a person who customarily 

or in the ordinary course of business receives mail at the address of 

the party or of the person designated under §16.13(f); 

FEDERAL AVIATION REGULATIONS Sec. 16.15. 

Counsel for Respondent will accept service of process by United States mail 

Respondent has no knowledge of any prior mailings, and as the Motion sets forth, 

the Complaint was not delivered. The Motion to deem all allegations admitted 

should be denied. 

Date: July 6, 201 

David^Wiiliams 

Attorneys for Respondent 

Opposition to Motion to deem admitted allegations in Complaint 

% 
FAA DOCKET NO. Not Assigned 

FDMS No. FAA-2011-0294 

CERTIFICATE OF SERVICE 

I hereby certify that on this date I have placed in the United 

States mail, postage prepaid, the executed original and one copy 

of the OPPOSITION TO MOTION TO DEEM ALLEGATIONS ADMITTED 

addressed as follows: 

Hearing Docket 

Federal Aviation Administration 

Wilbur Wright Building, Suite 2W1000 

Attn: Hearing Docket Clerk, AGC-430 

800 Independence Avenue, S.W. 

Washington, DC 20591 

and a true copy to 

Also by facsimile: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

East Building Ground Floor 

Room E12-320 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

(202) 366-7536 

Also by facsimile: 

FAA 

Office of Regional Counsel, AWP-7 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

(310) 725-6816 

Dated: 2011 

Aracely Picazo